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Bank Accounting Advisory Series
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August 2018
Staff Response
Not necessarily. While the nonaccrual rules would normally require that both notes be on
nonaccrual status, Note A has a unique structure and financial backing that distinguishes it from
most restructured loans. Although both notes are supported by the
same cash flows and secured
by the same collateral, these unique structural differences result in different conclusions for each
note regarding the appropriateness of interest accrual. These structural differences also result in a
different conclusion than was reached in certain of the previous examples in this topic.
The parent paid $10 million (plus interest and fees) to bring all past-due amounts current and has
demonstrated the intent and ability to continue to support the power company by its commitment
to inject $4 million capital into the company in 2005 and 2006. The parent also indicated that
additional financial support would be provided, as necessary. This capital injection and future
support is sufficient to meet all required payments on Note A. Further,
the previous actions of the
parent sufficiently demonstrate its intent to support the borrowing and the parent has the ability
to support the borrowing going forward. In addition, after the $10 million payment by the parent,
the collateral value exceeds all current outstanding balances by approximately $13 million and
exceeds the balance of Note A by approximately $53 million.
Based on these factors, the
collection of all principal and interest is deemed reasonably assured for Note A. Accordingly,
accrual status is appropriate for Note A.
Facts
A borrower has a revolving line of credit of $35 million that is fully drawn and a term
loan in the amount of $28 million with the bank. Payments are current but the loans are in
default
because of major financial covenant violations. Further, there is serious concern regarding the
borrower’s ability to continue to make payments in accordance with the terms of the loans.
Accordingly, both loans have been placed on a nonaccrual status.
The credit line is restructured into a new revolving line of credit of the same amount at an
interest rate of prime plus 3 percent. The rate and terms are considered to be at market terms and
do not involve a concession. Further, the line of credit is considered
to be both fully collectible
and fully secured.
The term loan is restructured into two new term loans, Loan X and Loan Y.
Loan X matures in three years and has an interest rate of the prime rate plus 3 percent. It requires
periodic principal payments during the second and third years and a balloon payment at maturity.
The repayment structure is not uncommon for this type of loan and is considered to be at market
terms. Repayment capacity and collateral are considered sufficient to assure repayment of the
loan.
The second loan, Loan Y, provides for a below-market interest rate. It also matures in three years
but does not require principal or interest payments until maturity. The
terms of this loan are
considered concessionary, because of the below market interest rate and the repayment terms.
Accordingly, the restructuring of the original term loan is considered a TDR. Further, given that
LOANS
2A. Troubled Debt Restructurings
Bank Accounting Advisory Series
35
August 2018
the borrower’s repayment capacity and collateral are considered inadequate to repay any portion
of this loan, the loan is deemed uncollectible and should be charged off.
After a sufficient period of satisfactory payment performance on the revolving line of credit and
Loan X, the lender expects to return those two loans to accrual status.
Question 23
What factors should be considered before returning the revolving line of credit and Loan X to
accrual status?
Staff Response
This restructuring would be analyzed using the A/B structure described in the previous examples.
In this case, the collectibility of the revolving line and Loan X is not in doubt, and Loan Y is the
uncollectible charged-off portion.
Consistent with the previous question 10, the revolving line of credit and Loan X may be
returned to accrual status when there has been a period of satisfactory payment performance by
the borrower. In
this situation, however, Loan X does not require principal payments during the
first year. Accordingly, consideration should be given to whether the borrower can continue
making the required payments of principal and interest after the first year.
Question 24
Does the revolving line of credit and Loan X have to be senior to Loan Y (i.e., a
senior/subordinated structure) for the performing loans to be returned to accrual status?
Staff Response
No. A senior/subordinated structure is not required for the revolving line of credit and Loan X to
be returned to accrual status.
Question 25
How should any payments received on Loan Y, the
charged-off loan, be accounted for?
Staff Response
Recoveries related to Loan Y would not be recorded until the recorded loans (the revolving line
and Loan X) are either paid off or returned to accrual status. Until then,
any payments received
for Loan Y would be applied to the revolving line of credit and Loan X.